This Agreement was written in English (U.S.). To the extent any translated version of this Agreement conflicts with the English version, the English version controls. Please note that Sections 9 and 22 contains certain changes to the general terms for Users outside the United States.
1. About Us
Our mission is to help care teams provide remote therapy monitoring and inform and empower patients and their families. In furtherance of this goal, we have developed the Site and are constantly working to build the most comprehensive source of information, tools and interchange available online for patients, practicing neurologists, and for the research and therapy development community.
2. Acceptance of Terms
By Using the Site, you agree to be bound by the terms of this Agreement. Your continued Use of the Site and/or any services offered through it shall be your conclusive acceptance of this Agreement, including any changes. If you do not accept the terms of this Agreement, please do not Use this Site.
3. THE SITE DOES NOT PROVIDE MEDICAL ADVICE
All of the material provided on the Site, such as graphics, photographs, software, text, advice, message, and any other material provided on the Site (“Content”) is for informational purposes only and is not a substitute for professional medical advice. The information should not be relied upon as the basis of any health-care decision. Please consult your physician with any questions or concerns you may have regarding your health. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site.
If you think you may have a medical emergency, call your doctor or 911 (in the U.S., or the corresponding emergency number for your country) immediately. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by us, our employees, others appearing on the Site at our invitation, or other visitors to the Site is solely at your own risk.
5. Conflict of Interest
Authors providing information to the Site regarding any commercial product or service (such as a medication, device, or procedure) have been asked to disclose any possible conflict of interest. This request follows the conflict-of-interest guidelines applied to Continuing Medical Education (CME) Programs. The disclosure information is available on request.
6. Risk of Using the Site and the Internet
We make no representations or warranties and assume no responsibility or liability as to the accuracy, completeness, reliability or usefulness of any information contained on the Site. Further, we expressly disclaim any obligation to update or correct information contained on the Site and explicitly disclaim any duty to do so. We assume no liability or responsibility for errors or omissions in the content of the Site. You assume total responsibility and risk for your Use of the Site and the Internet. You acknowledge and agree that any uploads or transmission you make to, from or through the Site may be intercepted and used by an unauthorized third party and that all of the risk associated with these activities is solely yours.
7. Downloading Materials From The Site
You understand that we cannot and do not guarantee or warrant that materials available for downloading from the Site, including without limitation links, will be free of infection or viruses, worms, Trojan horses, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy and security of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
8. Intellectual Property
The contents of the Site, such as text, graphics, logos, audio clips, video, photographs, software, trademarks, and other information (the “Proprietary Content”) is, unless otherwise noted, the property of CareTuner, Inc., or their affiliates, partners, or contributors. The Proprietary Content is protected by federal, state and international copyright and trademark laws, or other proprietary rights. These rights are protected in all forms, media and technologies existing now or hereinafter developed. You may print and download portions of material from the different areas of the Site solely for your non-commercial personal use; however, all copyright notices should be retained. No portion of the Proprietary Content may be reprinted, republished, modified, or distributed in any form without our express written permission as noted below. You may not reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, display, exhibit, perform, distribute, license or create derivative works of any of the Proprietary Content. You may not make any unauthorized copies of any Proprietary Content.
To request permission to use material from the Site, as required by the preceding restrictions, contact us through the Site’s Contact Us section. Please include the subject line “Request for permission to use material from website” in a prominent location.
The prohibitions discussed in the paragraph above, include, but are not limited to, a prohibition on scraping or using any “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Site or any data or content found on or accessed through the Site, without our prior permission. In addition, linking to any page other than the Site home pages (also known as deep linking) is prohibited except when done with our permission.
Certain Proprietary Content may be licensed from third parties and all such third party content and all intellectual property rights related to the third party content belong to the respective third parties. In addition, certain trademarks are the property of their respective third party owners, and the use of trademarks, logos, or brand names in the Site is for identification purposes only, and does not imply an endorsement by us of the trademark owner, or vice-versa, or that such trademark owner has authorized us to promote its products, services, or content. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or the Proprietary Content. Any rights not expressly granted by this Agreement or any applicable end-user license agreements are reserved by CareTuner, Inc.
Except as expressly provided above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, copyright or trademark of CareTuner, Inc., or any third party.
9. Software and Technology
The Site, and certain features and services offered through it, are generated using technology, software and applications owned exclusively by CareTuner, Inc. and licensed to us for the sole purpose of operating this Site. If you download software or applications from the Site, the software and applications, including all files, images contained in or generated by the software and applications, and accompanying data (together, the “Software”) are deemed to be sublicensed to you by us under the specific terms and restrictions stated in the applicable License Agreement accepted by you at the time of download. Your continued use of such Software shall be deemed your express consent to such license terms, as they may be amended from time to time. Neither title nor intellectual property rights pertaining to the Software are transferred to you, but remain with CareTuner, Inc., who owns full and complete title therein. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a human readable form. Some software from the Site may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or reexported: (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo; (b) to everyone on the U.S. Treasury Department’s Specially Designated Nationals list, or (c) the U.S. Commerce Department’s Table of Denial Orders. If you download or use the Software, you represent and warrant that you are not located in, or under the control of, or a national of any such country or on any such list.
10. Links to Other Websites
Any links to other websites are provided merely as a convenience to the Users of this Site. We have not reviewed all of these other websites, have no responsibility for the content of such other sites, shall not be liable for any damages or injury arising from any such content, and do not endorse or make any representations about these websites, any information or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of these other sites linked to this Site, you do so entirely at your own risk.
Other web sites may include a link to this Site; provided such web sites link to the Site’s home page only. Linking to other content or features within this Site is prohibited without our express written consent. Please contact us with requests for linking to such consent through the Site’s Contact Us section. This limited license expressly prohibits the “framing” of our content and Site features in any way, or any other activity, that may create a misimpression or confusion among users with respect to sponsorship or affiliation.
11. Acceptable and Lawful Use of the Site
Any information provided by you in connection with Use of the Site: (a) shall not be false, inaccurate or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) shall not infringe on any CareTuner, Inc., or third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, libelous, unlawfully threatening or harassing; and (f) shall not create liability for CareTuner, Inc. or cause us to lose the services of our Internet service providers or other suppliers. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the Site, including but not limited to unsolicited e-mail, also called spam.
By Using the CareTuner service and/or apps, you agree to the following terms and conditions:
You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Site passwords or accounts and for choosing a username and password on this Site that would not compromise security on any other website. For technical help with your CareTuner, you may have to provide your user name and email to the Site. You should not enter information into the Diary that would identify you personally.
You will not receive any payment or other reimbursement for use of the information entered into the Diary. If you choose to use the cell phone reminder program, which includes text messages (also referred to as SMS messages), you are responsible for all charges, including those assessed by your cell phone provider, incurred by you. Standard carrier rates may apply.
The Diary does not provide diagnosis, treatment or other medical advice. You should seek those from your doctors. If you are having a medical emergency, DO NOT Use the Diary to communicate with your doctor.
13. NO WARRANTIES
THE SITE AND THE CONTENT, SOFTWARE AND SERVICES MADE AVAILABLE ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
THE INFORMATION CONTAINED ON THIS SITE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. YOU SHOULD SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER FOR ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION.
CARETUNER, INC. DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, THE SITE CONTENT, THE SOFTWARE, ANY ADVICE OR SERVICES PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. SOME STATES MAY NOT PERMIT THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. CARETUNER, INC. DO NOT WARRANT THAT THE SITE, THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED.
14. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL CARETUNER, INC., THEIR PARTNERS, CONTRIBUTORS, AGENTS, EMPLOYEES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE, THE SOFTWARE OR PROVIDING CONTENT, ADVICE, PRODUCTS OR SERVICES THROUGH THE SITE BE LIABLE FOR, AND YOU HEREBY RELEASE US FROM, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM: (I) THE USE OF OR INABILITY TO USE THE SITE OR THE SOFTWARE; (II) ANY INACCURACIES OR OMISSIONS IN THE CONTENT; (III) USE OF THE CONTENT; (IV) THE COST OF PROCURING SUBSTITUTE MERCHANDISE, ADVICE AND SERVICES RESULTING FROM USE OF THE SITE OR THE SOFTWARE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (VI) STATEMENTS, ADVICE, WARRANTIES, GUARANTEES OR CONDUCT OF CARETUNER, INC., OR ANY THIRD PARTY ON THE SITE, OR (VII) ANY OTHER MATTER RELATING TO THE USE OF THE SITE OR THE SOFTWARE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
YOU HEREBY ACKNOWLEDGE THAT THIS SECTION SHALL APPLY TO ALL CONTENT, ADVICE, MERCHANDISE, SOFTWARE AND SERVICES AVAILABLE THROUGH THE SITE. IN NO EVENT SHALL CARETUNER INC.’S TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS EXCEED THE LESSER AMOUNT OF ANY FEES PAID TO CARETUNER, INC., IF ANY, FOR THE USE OF THE SITE OR THE SOFTWARE BY YOU OR $1.00.
BECAUSE SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE LEAST AMOUNT PERMITTED BY LAW. THE LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT INURE TO THE BENEFIT OF CARETUNER, INC., AND THEIR AFFILIATES, PARTNERS, CONTRIBUTORS, OFFICERS, DIRECTORS, EMPLOYEES, ASSIGNS, ATTORNEYS AND AGENTS.
You agree to indemnify, defend and hold CareTuner, Inc., and their affiliates, partners, contributors, officers, directors, employees, agents, representatives, business partners, information providers, licensors, and licensees and their respective heirs and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including reasonable attorney’s fees and expenses) resulting from (i) your use of the Site and Software, (ii) your use of, or reliance on the Software or products, services, advice, or information provided through the Site, or (iii) your breach of any provision of this Agreement. The Indemnified Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the Indemnified Parties in asserting any available defenses. You shall not enter into any settlement agreement that affects the rights of any of the Indemnified Parties or requires the taking of any action by any of them, without our prior written approval.
16. DMCA Policy Regarding Copyright Infringement Claims, Counter-Claims, and Designation of a Copyright Agent
Our policy regarding copyright infringement and our designated agent for receipt of copyright infringement claims pursuant to the Digital Millennium Copyright Act (17 USC § 512) is incorporated herein and follows below:
We respect the intellectual property rights of others and require those that visit our Site to do the same. We may, in appropriate circumstances and at its discretion, remove or disable access to material on the Site that infringes upon the copyright rights of others. We also may, at our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any Users of the Site repeatedly infringe on others copyrights, we may in our sole discretion terminate those individuals’ rights to use our Site.
Procedures to File a DMCA Copyright Infringement Notice with Us
If you believe that your work has been used on our Site in any manner that constitutes copyright infringement, please notify our copyright agent by written notice. The notice should include the following information:
- An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
- A description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found;
- Identification of the location on our Site of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed;
- Your name, address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and
- A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner’s behalf.
For notice of claims of copyright infringement on this Site please email to info @ CareTuner.com or call 781-262-0440
Upon receipt of a Notification of Copyright Infringement from a copyright owner that contains the required information described above, we will notify the user, if known, of the alleged infringement and remove or disable access to the material that is alleged to be infringing if hosted on our Site. No personal user information is shared with the copyright owner unless required by law.
Procedure to File a DMCA Counter-Claim
If you have received a notice of copyright infringement and you believe that a copyright holder has accused you in error, you may file a DMCA Counter-Claim with our designated agent.
To be effective, a Counter-Claim must be a written communication provided to our designated agent and must include the following information:
- A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner’s behalf. A physical or electronic signature of the user;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- The user’s name, address and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the user’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification or an agent of such person;
Upon receipt of a DMCA Counter-Claim, we will provide the complaining party with a copy of the DMCA Counter-Claim. When we receive a Counter-Claim that meets the requirements of the DMCA, we will process the Counter-Claim in accordance with the requirements of the DMCA.
17. System Outages
We periodically schedule system downtime for maintenance and other purposes. Unplanned system outages also may occur. CareTuner, Inc. shall have no liability whatsoever for the resulting unavailability of the Site or Software or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery or nondelivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.
18. Your Account Obligations
Certain sections of the Site may require that you register by providing particular information including a user name and password. In these instances, you agree to: (i) provide accurate and current information about yourself as prompted by the Site (the “Registration Information”); and (ii) maintain and update the Registration Information to keep it accurate and current. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may, in our sole discretion, suspend or terminate your account and decline to permit your continued use of the Site, future access to the Site, or any activities related to your registration and account.
You are responsible for maintaining the confidentiality of your user name and password (collectively, “Account Information”) and are fully responsible for all activities that occur under your Account Information. You agree that your Account Information may be used to attribute an electronic record and electronic signature to you. Therefore, you shall not disclose your Account Information to third parties. You agree to notify us immediately of any unauthorized use of your Account Information or any other breach of security. We shall not, in any manner, be responsible or liable for breach of any personally identifiable information or health-related personal information, or fraudulent actions, requests or other transactions, that result from your compromised Account Information.
This Site does not knowingly collect any personal information from children under the age of 13. If you are under 16, you agree that you will not provide personal information about yourself to us through the Site.
20. Governing Law
This Agreement and access to the Site shall be governed by and construed in accordance with the laws of the State of Delaware, exclusive of its conflict of law rules and matters affecting copyrights, trademarks and patents under U.S. federal law.
21. Choice of Forum
You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the Commonwealth of Massachusetts and of the United States of America located in the Commonwealth of Massachusetts for any litigation or disputes arising out of or relating to use of the Site and not to commence any litigation relating thereto except in such courts. You hereby irrevocably and unconditionally waive any objection to the establishment of venue of any such litigation in the Courts and agree not to plead or claim in any Commonwealth of Massachusetts Court that such litigation brought therein has been brought in an inconvenient forum. Notwithstanding this, you agree that we shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
22. International Users
23. Severability; No Waiver; Assignment; Third Party Beneficiary Rights; Entire Agreement
In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in this Agreement. Any delay or failure by us, at any time or times, to require performance of any provision hereof shall in no manner affect our right at a later time to enforce such provision. No delay or failure by us in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder. You may not assign your rights or delegate your responsibilities hereunder without our express written permission. We may, at any time, assign our rights or delegate our obligations hereunder without notice to you. No person who is not a party to this Agreement is intended to be a beneficiary of this Agreement, and no person who is not a party to this Agreement shall have any right to enforce any term of this Agreement. This Agreement and any documents expressly incorporated by reference constitute the entire agreement between CareTuner, Inc. and you pertaining to the subject matter hereof and supersede all prior agreements, whether oral or written, and documents regarding your use of the Site.
The headings used throughout this Agreement are solely for the convenience of reference and are not to be used as an aid in the interpretation of this Agreement.
25. Updates and Modifications
In its sole discretion, we may unilaterally amend or modify this Agreement or any other documents referenced herein at any time by posting the amended Agreement on the Site. Any amended or modified terms will be effective upon posting. Continued use of the Site constitutes acceptance of any modified terms and conditions. If you have any questions about this Agreement, contact us through the Site’s Contact Us section.
We may immediately issue a warning, suspend or terminate your access to the Site, or certain features and services offered through it, at any time and without notice, including without limitation, for your breach of this Agreement (or any other agreement or policy incorporated by reference hereto), or for any other reason in our sole discretion.
(Date of last revisions: March 20, 2023)